Entry into a Do Not Enter Area, VC 21461a

[chokikat]

My question involves a traffic ticket from the state of: California

Hello! I'm trying to fight this ticket for allegedly entering into a Bus only zone. More details on on TBWD document below, my question is, is there anything else I can add to this (or remove for that matter)? Do you think it stands a chance (at most I'm hoping the officer just doesn't take the time to write his side of the story). TBWD below:



On April 15, 2012 I was driving from Los Angeles to Long Beach, and was taking the 710 freeway to get to Long Beach. On that day, the Grand Prix of Long Beach was being held and as such several roads and exits were closed and being re-routed by police officers/traffic enforcers. I was driving from the 710 onto Broadway, and had intended to drive all the way down Broadway, then make a right on Cherry to reach my final destination (I was visiting friends). Unfortunately, officers had blocked off Broadway/Pacific Avenue. I am not familiar with the area, so I was trying to look for alternate routes. I safely made a right turn onto Pacific looking for another way to head towards Cherry. Pacific was very congested and several crowds were crossing due to the Grand Prix. I noted several (about 4) cars were making a left turn onto First Street. There was no barricade indicating that we could not turn, no large visible signs saying that we could not turn, and it appeared to me that this was another re-routing done by traffic enforcement in order to divert traffic due to the Grand Prix.

After turning onto First Street and passing Pine Avenue, I was pulled over by Officer XXXX (#XXXX). I was confused as to why as I was pulled over, and asked the officer as he approached my vehicle. He said that I had disobeyed a “Do Not Enter” sign (CVC21461a) and the street I had entered (First and Pine) was for buses only. I said I did not see any signs indicating this was not possible and explained to him that several cars had turned onto the street ahead of me as well. I explained that I was not from the area and thought that this was a redirection done by traffic enforcement because of the races. After I was given the ticket, I asked Officer XXXX again why we could not enter the street and he said “They found a suspicious package”.

My concern is, why are there two different stores as to why we could not enter? Also if four cars had already entered the street when there was supposedly a sign saying “Do not enter”, the sign should be then more visible or better yet, just barricade the street (like they did on Broadway/Pacific); especially on the weekend wherein crowds from out of town were visiting due to the Grand Prix and are unfamiliar with the roads. In addition, if there was an alleged “suspicious package”, should not there have been additional precautions taken to prevent cars from entering First/Pine?

At the time of my stop the road was dry and clear, with moderate traffic. No persons or property were put at risk or harmed by my driving onto First/Pine.

I trust in the Court’s fairness and believe my citation should be dismissed in the interest of justice.

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

[Mr. Knowitall]

My concern is, why are there two different stores as to why we could not enter?

There aren't. You cannot enter a street marked by a "Do Not Enter" sign because you aren't allowed to enter. That has absolutely nothing to do with the police closing down other streets due to a "suspicious package". Further, the street you turned onto may have been closed to buses due to the suspicious package, and closed to you for both reasons.

Also if four cars had already entered the street when there was supposedly a sign saying “Do not enter”, the sign should be then more visible or better yet, just barricade the street (like they did on Broadway/Pacific)

If you can document that the signs are legally inadequate, you had best document that the signs are legally inadequate. "The other kids threw rocks at windows as well" is not a defense in court.

At the time of my stop the road was dry and clear, with moderate traffic. No persons or property were put at risk or harmed by my driving onto First/Pine.

That's not a defense to the violation.

[That Guy]

I safely made a right turn onto Pacific looking for another way to head towards Cherry. Pacific was very congested and several crowds were crossing due to the Grand Prix. I noted several (about 4) cars were making a left turn onto First Street. There was no barricade indicating that we could not turn, no large visible signs saying that we could not turn...

So when you got into the left turn lane on Pacific, you did not notice the FIRST pavement marking stating: "BUS ONLY"(1)??

How about the SECOND pavement marking stating: "BUS ONLY"(2)?

And when you got to the actual intersection, and was looking at the traffic light... You don't mention if it was red or green but either way, you had to have looked at it... Right? Did you not see the "No Left Turn/No U-Turn" sign between the traffic lights(3)? No, its not a "LARGE" sign... But it appears to be compliant with the regulatory sign size! What about the "No Left Turn" sign at the opposite corner (4)before starting the turn?

After making the turn and as you exited the intersection across the crosswalk on 1st, you didn't see the OTHER pavement marking stating: "BUS ONLY"(5)?

...and it appeared to me that this was another re-routing done by traffic enforcement in order to divert traffic due to the Grand Prix.

There weren't any officers waiving you to make that turn? Were there? Because to me, that would be the only time I would make a turn where I had just passed two pavement markings indicating I couldn't turn there and on standard size sign indicating the same.

After turning onto First Street and passing Pine Avenue, I was pulled over by Officer XXXX (#XXXX).

So you got to First and Pine, maybe you didn't see the "DO NOT ENTER SIGN" posted on the left side of the street(6)... But you had to have seen the "DO NOT ENTER SIGN" posted on the right side of the street(7), correct? Or the two pavement markings indicating "BUS ONLY" lanes(8) & (9)?

And again, there were no officers directing you through the intersection suggesting its OK for through traffic... You decided that on your own!

After I was given the ticket, I asked Officer XXXX again why we could not enter the street and he said “They found a suspicious package”.

And... What? Those signs didn't go away!

My concern is, why are there two different stores as to why we could not enter? Also if four cars had already entered the street when there was supposedly a sign saying “Do not enter”, the sign should be then more visible or better yet, just barricade the street (like they did on Broadway/Pacific); especially on the weekend wherein crowds from out of town were visiting due to the Grand Prix and are unfamiliar with the roads.

He could have told you 10 stories, you were driving on a street where traffic control devices prohibited you from doing so.... Count them: NINE of them! Now, I could understand 1, maybe 3... BUT 9 of them? Whether 4 cars or 40 cars had made the turn, it does not make it legal, and it doesn't make the signs and the pavement markings any less obvious. Therefore, and since traffic does not enter from Pacific or from Pine, there is no need to "barricade them' like they did elsewhere! And lastly, the likelihood that your hometown also uses the same "No Left turn/No U-Turn" sign, the same "DO NOT ENTER" sign, is very high and the words "BUS ONLY" mean the same as well!

In addition, if there was an alleged “suspicious package”, should not there have been additional precautions taken to prevent cars from entering First/Pine?

The "suspicious package" story and even if it were true, had zero impact on your decision to disregard 9 TCDs! That supposedly happened independent of your little adventure.

At the time of my stop the road was dry and clear, with moderate traffic. No persons or property were put at risk or harmed by my driving onto First/Pine.

None of that is relevant!

If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school.

A fine reduction and traffic school would have been a snap at the arraignment. You simply appear before the judge and any fine reduction possible would have been offered by him without asking; eligibility for traffic school dictates whether you can attend or not. Once you've elected a TBD or a trial, you're required to post FULL BAIL simply because reductions after those secondary stages aren't likely. The same holds true for traffic school. So in your case, you actually the one opportunity at what possibly might have been your best outcome for the opportunity to present what (you had to have known) is a weak defense! Heck it doesn't even sound like a legit excuse. Instead, it sounds as if you intentionally avoided all 9 TCDs to get to where you were stopped!

The one unexpected thing you might get from the court is a court order to get your eyes checked!